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Service Of Process Issues

When CSS is enforcing a support case, it must be served with all moving papers in the case which address the issue of support. Family Code §17406(f) (1). This includes all motions regarding medical reimbursement, spousal support, child support, child care, and support arrears.

For pleadings dealing with support issues the local child support agency must, within 5 days of receipt of the pleadings, mail the pleadings to the non-moving party in the action. There shall be a rebuttable presumption that service on the local child support agency constitutes valid service on the non-moving party. Family Code Section §17406(f) (3) and Family Code §17406(f) (1)(b). However, to take advantage of this presumption, the pleadings must be served on the local child support agency at least 30 days prior to the hearing.

For pleadings that relate to custody/visitation issues only the local child support agency shall not be required to serve or receive service of papers, pleadings, or documents, or participate or attend any hearing relating to issues of custody/visitation. Family Code Section 17404€ (4).

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